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Post-Roe marriage equality threat highlighted in congressional hearing

Justice Clarence Thomas supports revisiting Obergefell decision

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Marriage equality activists on July 14, 2022, testified during a congressional hearing about the threats to same-sex marriage after the U.S. Supreme Court struck down Roe v. Wade. (Washington Blade photo by Michael Key)

Marriage equality advocates during a congressional hearing Thursday raised fears that the right for same-sex couples to marry could be in peril in the wake of the U.S. Supreme Court’s decision to overturn Roe v. Wade.

LGBTQ activists delivered testimony before the House Judiciary Committee in a hearing titled, “What’s Next: The Threat to Individual Freedoms in a Post-Roe World,” putting the rights for same-sex couples to marry on par with abortion rights targeted by social conservatives in a 50-year effort.

Jim Obergefell, who was the lead plaintiff of the Obergefell v. Hodges decision that led the Supreme Court to rule in favor of marriage equality nationwide in 2015, gave deeply personal testimony about his efforts in securing state recognition of his marriage to his late spouse, who died of Lou Gehrig’s disease, as he made the plea to keep protection in courts.

“No couple, no family, should be forced to go to great financial expense and legal effort to gain a pale approximation of the rights and protections that come automatically with marriage,” Obergefell said. “That is not marriage, and it sets our relationships and families apart as something less worthy.”

The hearing was wide-ranging in the issues seen at play in the aftermath of the Dobbs decision, including marriage, contraception and intimacy for same-sex couples, which were called into question after Justice Clarence Thomas wrote in a concurrence decision that granting those rights should be reevaluated. Americans United for Life CEO Catherine Glenn Foster made news when she said a 10-year-old who was impregnated by rape should be forced to carry the child to full term.

Also delivering testimony before the committee was Human Rights Campaign Legal Director Sarah Warbelow, who envisioned an end to Lawrence v. Texas, the 2003 Supreme Court decision that struck down anti-sodomy laws, as a precursor to the end to marriage equality.

“To put it squarely, if Lawrence were overturned a marriage certificate could be evidence of a crime,” Warbelow said. “Today, nearly a dozen states retain laws criminalizing same-sex sexual relationships, and 35 states still have laws or constitutional amendments on the books that bar same-sex couples from marrying.”

Fears the Lawrence decision could be in danger were stoked by remarks from Texas Attorney General Ken Paxton, who said when asked during a media interview about having to defend his state’s laws against contraception, marriage or sodomy that he had a duty to defend them.

One pointed exchange during the hearing took place between Warbelow and U.S. Rep. Matt Gaetz (R-Fla.), who asked her about whether it was more likely a lesbian women would be impregnated by sexual assault and want an abortion or a same-sex couple to seek to adopt a child.

It would make no sense, Gaetz said in a dubious argument, for same-sex couples to support abortion because many seek to adopt.

Warbelow had none of it.

“It may not be more likely, but it’s an important interest someone who needs access to abortion care be able to access it,” she said.

As part of the questioning, Gaetz also asked whether the definition of a bisexual woman is someone who would pursue sexual relationships with both men and women, but Warberlow said that was not the case. Gaetz’s response was part of an exchange that went out on social media.

Gaetz himself tweeted out the video, commenting it was a “truly remarkable” attempt to redefine bisexuality.

The Florida Republican concluded his testimony by asking to Warbelow to verify that no state legislatures has introduced legislation, or even conducted a hearing, on the idea of rescinding same-sex marriage in the aftermath of the Dobbs decision. Warbelow started to deny that account and say the time after Dobbs has been brief.

No serious effort is currently underway in any state seeking to roll back marriage rights for same-sex couples. The last such challenge was in 2020 and from the solicitor general of Indiana, who was seeking to challenge the decision on the basis of birth certificates for the children of women in same-sex marriages.

Even the current 6-3 conservative majority on the Supreme Court declined to hear the case.

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Congress

Congress passes ‘Big, Beautiful Bill’ with massive cuts to health insurance coverage

Roughly 1.8 million LGBTQ Americans rely on Medicaid

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U.S. House Speaker Mike Johnson (R-La.) (Washington Blade photo by Michael Key)

The “Big, Beautiful Bill” heads to President Donald Trump’s desk following the vote by the Republican majority in the U.S. House of Representatives Thursday, which saw two nays from GOP members and unified opposition from the entire Democratic caucus.

To partially offset the cost of tax breaks that disproportionately favor the wealthy, the bill contains massive cuts to Medicaid and social safety net programs like food assistance for the poor while adding a projected $3.3 billion to the deficit.

Policy wise, the signature legislation of Trump’s second term rolls back clean energy tax credits passed under the Biden-Harris administration while beefing up funding for defense and border security.

Roughly 13 percent of LGBTQ adults in the U.S., about 1.8 million people, rely on Medicaid as their primary health insurer, compared to seven percent of non-LGBTQ adults, according to the UCLA School of Law’s Williams Institute think tank on sexual orientation and gender identities.

In total, the Congressional Budget Office estimates the cuts will cause more than 10 million Americans to lose their coverage under Medicaid and anywhere from three to five million to lose their care under Affordable Care Act marketplace plans.

A number of Republicans in the House and Senate opposed the bill reasoning that they might face political consequences for taking away access to healthcare for, particularly, low-income Americans who rely on Medicaid. Poorer voters flocked to Trump in last year’s presidential election, exit polls show.

A provision that would have blocked the use of federal funds to reimburse medical care for transgender youth was blocked by the Senate Parliamentarian and ultimately struck from the legislation — reportedly after the first trans member of Congress, U.S. Rep. Sarah McBride (D-Del.) and the first lesbian U.S. senator, Tammy Baldwin (D-Wis.), shored up unified opposition to the proposal among Congressional Democrats.

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Ritchie Torres says he is unlikely to run for NY governor

One poll showed gay Democratic congressman nearly tied with Kathy Hochul

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U.S. Rep. Ritchie Torres (D-N.Y.) (Washington Blade photo by Michael Key)

Gay Democratic Congressman Ritchie Torres of New York is unlikely to challenge New York Gov. Kathy Hochul (D) in the state’s next gubernatorial race, he said during an appearance Wednesday on MSNBC’s “Morning Joe.”

“I’m unlikely to run for governor,” he said. ““I feel like the assault that we’ve seen on the social safety net in the Bronx is so unprecedented. It’s so overwhelming that I’m going to keep my focus on Washington, D.C.”

Torres and Hochul were nearly tied in a poll this spring of likely Democratic voters in New York City, fueling speculation that the congressman might run. A Siena College poll, however, found Hochul leading with a wider margin.

Back in D.C., the congressman and his colleagues are unified in their opposition to President Donald Trump’s signature legislation, the “Big Beautiful Bill,” which heads back to the House after passing the Senate by one vote this week.

To pay for tax cuts that disproportionately advantage the ultra-wealthy and large corporations, the president and Congressional Republicans have proposed massive cuts to Medicaid and other social programs.

A provision in the Senate version of the bill that would have blocked the use of federal funds to reimburse medical care for transgender youth was blocked by the Senate Parliamentarian and ultimately struck from the legislation, reportedly after pressure from transgender U.S. Rep. Sarah McBride (D-Del.) and lesbian U.S. Sen. Tammy Baldwin (D-Wis.).

Torres on “Morning Joe” said, “The so-called Big Beautiful Bill represents a betrayal of the working people of America and nowhere more so than in the Bronx,” adding, “It’s going to destabilize every health care provider, every hospital.”

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House Democrats oppose Bessent’s removal of SOGI from discrimination complaint forms

Congressional Equality Caucus sharply criticized move

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Treasury Secretary Scott Bessent (Washington Blade photo by Michael Key)

A letter issued last week by a group of House Democrats objects to Treasury Secretary Scott Bessent’s removal of sexual orientation and gender identity as bases for sex discrimination complaints in several Equal Employment Opportunity forms.

Bessent, who is gay, is the highest ranking openly LGBTQ official in American history and the second out Cabinet member next to Pete Buttigieg, who served as transportation secretary during the Biden-Harris administration.

The signatories to the letter include a few out members of Congress, Congressional Equality Caucus chair and co-chairs Mark Takano (Calif.), Ritchie Torres (N.Y.), and Becca Balint (Vt.), along with U.S. Reps. Nikema Williams (Ga.), Hank Johnson (Ga.), Raja Krishnamoorthi (Ill.), Delia Ramirez (Ill.), Joyce Beatty (Ohio), Lloyd Doggett (Texas), Eleanor Holmes Norton (D.C.), Josh Gottheimer (N.J.), and Sylvia Garcia (D-Texas).

The letter explains the “critical role” played by the EEO given the strictures and limits on how federal employees can find recourse for unlawful workplace discrimination — namely, without the ability to file complaints directly with the Employment Opportunity Commission or otherwise engage with the agency unless the complainant “appeal[s] an agency’s decision following the agency’s investigation or request[s] a hearing before an administrative judge.”

“Your attempt to remove ‘gender identity’ and ‘sexual orientation’ as bases for sex discrimination complaints in numerous Equal Employment Opportunity (EEO) forms will create unnecessary hurdles to employees filing EEO complaints and undermine enforcement of federal employee’s nondiscrimination protections,” the members wrote in their letter.

They further explain the legal basis behind LGBTQ inclusive nondiscrimination protections for federal employees in the EEOC’s decisions in Macy v. Holder (2012) and Baldwin v. Foxx (2015) and the U.S. Supreme Court’s decision in Bostock v. Clayton County (2020).

“It appears that these changes may be an attempt by the department to dissuade employees from reporting gender identity and sexual orientation discrimination,” the lawmakers wrote. “Without forms clearly enumerating gender identity and sexual orientation as forms of sex discrimination, the average employee who experiences these forms of discrimination may see these forms and not realize that the discrimination they experienced was unlawful and something that they can report and seek recourse for.”

“A more alarming view would be that the department no longer plans to fulfill its legal obligations to investigate complaints of gender identity and sexual orientation and ensure its
employees are working in an environment free from these forms of discrimination,” they added.

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